Shameful lack of accountability

The recent clemency granted to James Burkhart, the convicted former CEO of American Senior Communities (ASC), is detrimental to those advocating for accountability in the nursing home industry. Burkhart orchestrated a $19 million fraud scheme that misdirected funds that should have been used for improving the care of vulnerable residents.

His scheme exploited resources that should have been invested in staffing, resident care, and facility improvements, meanwhile many ASC facilities struggled with subpar ratings, staffing deficiencies, and even allegations of abuse. These funds making up the $19 million, drawn from Medicare and Medicaid, were used for personal enrichment through inflated invoices and kickbacks to Burkhart and his closest associates, such as his own brother, who was the COO of ACS.

ASC facilities have faced other scrutiny over the years, with an average facility rating of just 2.8 out of 5, with 14 facilities being flagged for potential abuse. They have a history of unrelated legal challenges, and even just faced a Medicare scandal in 2022.

ASC is one of Indiana’s largest senior care providers. They manage and operate 186 nursing homes. Burkhart’s actions are becoming more and more common in the industry. I feel bad for those poor residents.

 This decision feels like it undermines efforts to hold executives accountable for prioritizing profit over care. When you are a rich CEO, you can exploit thousands of vulnerable adults through a $19 million fraud scheme for your own personal benefit and not have to finish your sentence. Shameful.